JUDGMENT

Manmohan, J. (Oral)--Present appeal has been filed challenging the order dated 16th February, 2023 passed by the learned Single Judge in OMP (I) (COMM) 51/2023, whereby the petition of the Appellant under Section 9 of the Arbitration and Conciliation Act, 1996 has been dismissed

2. Learned counsel for the Appellant states that the Respondent had called for tender for the maintenance work at Ch. Brahm Prakash Ayurved Charak Sansthan, Khera Dabar, Najafgarh, Delhi for the period 2022-23 and 2023-24. The same was awarded to the Appellant for a sum of Rs.4,74,24,939/-. He states that the Respondent without following the due process of law and principles of natural justice, terminated the underlying Agreement vide termination notice dated 07th February, 2023. He states that though the Respondent has terminated the Agreement with the Appellant as per Clause 3 thereof, however as Clause 3 provides for various sub-clauses it is not clear under which sub-clause has the said Agreement been terminated by the Respondent.

3. Learned counsel for the Appellant contends that the learned Single Judge has failed to consider that fraud was played by the Respondent since the tender was for c